HomeMy WebLinkAboutR-1991-D5900 Slowpitch / Umpire AssociatesRESOLUTION NO.
D`5900
A RESOLUTION: Authorizing execution of an Agreement with the
Washington State Slowpitch Umpires Association.
WHEREAS, the Parks and Recreation Division of the Department
of Public Works manages and facilitates a program of organized
softball in City parks; and
WHEREAS, such a program requires the services of umpires to
officiate at scheduled games; and
WHEREAS, the Washington State Slowpitch Umpires Association
has offered to provide certified USSSA umpire services to the
City of Yakima in return for compensation; and
WHEREAS, the City Council deems it to be in the best
interest of the City of Yakima to contract with the Washington
State Slowpitch Umpires Association for umpire services, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized
and directed to execute the attached and incorporated '1991
Agreement Between the City of Yakima and the Washington State
Slowpitch Umpires Association.' for the period from January 1,
1991 to December 31, 1991.
ADOPTED BY THE CITY COUNCIL THIS iLa41/DAY OF
ATTEST:
City Clerk
1991.
Mayor
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1991 AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
THE WASHINGTON STATE SLOWPITCH UMPIRES ASSOCIATION
This Agreement is made and entered into the day of
by and between the City of Yakima, Department of Public
Works, Parks and Recreation Division, herein referred to as the
'City' and the Washington State Slowpitch Umpires Association, an
Association herein referred to as 'WSSUA'.
WHEREAS, the City finds it necessary to contract with the WSSUA
to provide certified USSSA softball officials to facilitate
league and tournament officials for its scheduled Parks and
Recreation Softball Program.
WITNESSETH: That for and in consideration of mutual convenants,
promises and agreements herein contained, the parties mutually
agree as follows:
1. The duties of softball officiating are to be performed
by the WSSUA in conjunction with the City's softball
program. Officiating shall commence on the 20th day of
April, 1991, and terminate on the 27th day of, October
1991. The total number of games to be officiated are
approximately 100.
2. During the performance of this Agreement, the WSSUA
shall not discriminate on the basis of race, color,
sex, religion, national origin, creed, or the presence
of any sensory, mental or physical handicap.
3. Special areas of responsibilities for both the City and
WSSUA are contained in Attachment 'A' which is attached
and incorporated into this Agreement.
4. It is expressly agreed upon by both parties that the
officials referred to in this Agreement are employees
of the WSSUA and not the City. The WSSUA is solely
responsible for compensating their employees and
complying with all applicable laws related to such
employment including, but not limited to, payment of
Federal Witholding Tax, FICA, Social Security Tax,
Assessment for Unemployment and Industrial Injury.
5. It is understood that the City does not maintain
liability insurance on the WSSUA and/or its members and
employees.
6. The WSSUA shall defend, indemnify and hold harmless the
City, its agents, officers, and employees from any and
all liability resulting out of the performance of this
Agreement.
7. On or before the effective date of this Agreement the
WSSUA, shall provide to the City's Athletic Coordinator
proof of liability of insurance in the amount of one
million dollars that clearly states who the provider
is, the amount of coverage, the policy number, and when
the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this
Agreement.
8. As consideration for the services specified in this
Agreement, the City agrees to compensate the WSSUA
according to the payment schedule, Attachment 'B' which
is attached and incorporated into this Agreement.
9. This Agreement, or any interest therein, can not be
assigned in whole or in part by WSSUA to any other
party unless mutually agreed upon by both the City and
the WSSUA.
10. If the WSSUA fails to comply with the terms and
conditions of this Agreement in such a manner that the
Parks and Recreation Manager in his sole discretion
deems that the continuation of this Agreement is no
longer in the best interest of the City, the City may
terminate this Agreement by written notice, giving the
WSSUA five (5) days notice of termination.
11. If the City fails to comply with the terms and
conditions of this Agreement, the WSSUA may terminate
this Agreement by written notice, giving the City
thirty (30) days notice of termination.
12. If for any reason prior to termination of this
Agreement as provided herein the WSSUA fails to provide
the services specified in this Agreement and the City
is forced to secure other such services, the WSSUA
shall be held liable for any and all additional
expenses to fulfill its obligation to the City and the
softball program under this Agreement.
13. All notices required by this Agreement shall be deemed
properly served when deposited in the United States
Mail three (3) days prior to any deadline listed
herein, postage prepaid, and addressed to the
appropriate party at the addresses listed below.
14. This Agreement constitutes the entire Agreement between
the parties. There is no other oral or written
Agreements between the parties as to the subjects
covered herein.
15. If any portion of this Agreement is changed per mutual
Agreement or any portion is held invalid, the remainder
of the Agreement shall remain in force.
Washington State Slowpitch Umpires Association;
Authorized Signature
Title
gis- 3(fa.)
Work Phone Number Home Phone Number
City of Yakima;
.N\
City Manager
Attest;
City Clerk
cri Ctit4TAV Ci
i
Date
Date
ATTACHMENT `A'
AREAS OF RESPONSIBILITIES:
1. The City of Yakima Parks and Recreation Division shall:
A. Provide league schedules in writing to the WSSUA's
Assigning Secretary no later than seven (7) days prior
to the beginning of the season.
B. Give a minimum of forty-eight (48) hours notice of
schedule changes for which officials have been
assigned. This notice does not apply to any changes due
to acts of God.
1. Failure to provide forty-eight (48) hours notice
of schedule changes shall result in a rescheduling
game fee being charged against the City.
2. All game reschedules resulting from acts of God
shall be rescheduled with no game fee being
assessed against the City.
C. Pay the WSSUA for services provided within thirty (30)
days after receiving the monthly statement/billing.
2. The Washington State Slowpitch Umpires Association shall:
A. Provide certified and properly trained USSSA softball
officials for all league games as needed to meet the
City's softball program schedule.
B. Schedule their certified officials to meet the City's
softball program schedule.
C. Pay all certified officials for games worked in order
to meet the City's softball program schedule.
D Pay a 'No -Show' fee for all scheduled games when a
official does not meet the City's softball program
schedule and causes the game to be rescheduled.
1. Failure of an official to be on site five (5)
minutes before a game is scheduled to be played
shall constitute a 'No -Show'.
2. Failure of an official to officiate a complete
scheduled game, unless called because of acts of
God shall constitute a 'No -Show'.
3 The City has the right of set-off as to any
accrued 'No -Show' fees for failure to perform.
G. Provide an itemized monthly statement/billing to the
City's Athletic Coordinator for the services scheduled
for the upcoming month by the 1st day of each month.
To be included in this monthly statement/billing are
any service adjustments, additional fees and charges
for the previous month, and their reconciliation. The
City has the right of set-off as to any accrued fees in
the nature of a penalty or reimbursement for failure to
perform.
ATTACHMENT "B'
PAYMENT SCHEDULE:
1. The City of Yakima Parks and Recreation Division shall:
A. Compensate the WSSUA at the rate of
1. League Play
Adult one (1) man mechanics $14.64 per game.
Adult two (2) man mechanics $21.76 per game.
B. Pay a Rescheduling Fee of
1. League Play $ 1.25 per game.
2. The Washington State Slowpitch Umpires Association shall:
A. Provide an itemized monthly statement/billing to the
City's Athletic Coordinator for the services scheduled
for the upcoming month on the 1st day of each month.
To be included in this monthly statement/billing are
any service adjustments, additional fees and charges
for the previous month, and their reconciliation. The
City has the right of set-off as to any accrued fees in
the nature of a penalty or reimbursement for failure to
perform.
B. Pay a No -Show Fee of
1. League Play $25.00 per game.
2. Tournament Play
$50.00 per game.